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Jagjeet Singh

Latest Articles


Assessee held shares under investment in books, AO in absence of anything contrary can’t held investment as trading

Income Tax : In the case of Shri Vishal Dipak Shah Vs. Addl. CIT Mumbai Bench of ITAT held that Principle of Res judicata does not apply to the...

December 25, 2015 1015 Views 0 comment Print

No deduction u/s 54 is allowed where assessee has constructed a house prior to the date of transfer of original house

Income Tax : ACIT Vs. Sagar Nitin Parikh (ITAT Mumbai) In the instant case, the assessee has constructed a house prior to the date of transfer ...

July 21, 2015 2040 Views 0 comment Print

Fee levied u/s 234E while processing TDS statement is beyond scope of adjustment provided u/s 200A

Income Tax : G. Indhirani Vs. DCIT (ITAT Chennai) The only issue arises for consideration is with regard to levy of fee under Section 234E of t...

July 10, 2015 20046 Views 0 comment Print


Latest Judiciary


On voluntarily disclosure in response to notice u/s 153A before any detection by revenue, immunity from levy of penalty can’t be denied

Income Tax : In the case of DCIT Vs. Deepak Chaudhary Kolkata Bench of ITAT have held that the assessee has cumulatively satisfied all the cond...

January 16, 2016 856 Views 0 comment Print

Transfer pricing adjustment is not one of the adjustments contemplated under Explanation 1 Section 115JB(2)

Income Tax : In the case of M/s. Cash Edge India (Pvt.) Ltd., vs. ITO Delhi Bench of ITAT have held that transfer pricing adjustment is not one...

January 13, 2016 5011 Views 0 comment Print

Reassessment proceedings could not be declared as null and void where AO was prompted by correct information

Income Tax : In the case of ITO Vs. M/S JAGDAMBA OPTICS PVT. LTD. Delhi Bench of ITAT have held that there was existence of correct information...

January 13, 2016 520 Views 0 comment Print

If business of comparable company & assessee remains unchanged from last year, the company can’t be held incomparable in current year

Income Tax : In the case of Eli Lilly & Co. (India) Pvt. Ltd. Vs. ACIT Delhi bench of ITAT have held that as there is no change in the facts fo...

January 7, 2016 679 Views 0 comment Print

Diagnostic Labs to deduct TDS on discount given to hospitals/laboratories U/s. 194H

Income Tax : In the case of M/s DDRC SRL Diagnostic P Ltd. Vs. ITO Mumbai Bench of ITAT have held that If the hospitals/laboratories act as mer...

January 7, 2016 15241 Views 2 comments Print


Reopening not permissible beyond four years if no failure on full disclosure

September 17, 2015 892 Views 0 comment Print

In this case of United Shippers Ltd. Vs. UOI (Bombay High Court) reopening u/s 148 was challenged by way of writ on the ground that assessment was reopened after the expiry of four years and reason recorded did not indicate any material which the petitioner has not fully and truly disclosed in the assessment proceedings.

Addition made on account of third party evidence without establishing identity of Assessee not valid

September 16, 2015 4046 Views 0 comment Print

In case of Prabhat Chandra S Jain Vs. ACIT Pune bench of ITAT have held that where it is not established that name PC Jain of Mumbai written in the said document was in fact the assessee before us and in the absence of any evidence having been found to establish that the assessee

No assessment can be made in the hands of non-existing company

September 16, 2015 3265 Views 0 comment Print

In the case of M/s PVP Ventures Ltd. Vs. DCIT Chennai Bench of ITAT have held that assessment could not be made in the hands of non-existing company. ITAT observed that the company, assessed at Hyderabad, has amalgamated into assessee.

No further addition on issues covered by settlement commission order in other proceedings

September 12, 2015 543 Views 0 comment Print

ACIT Vs. DJ Infrastructure Dev Pvt. Ltd. (ITAT DELHI) AO made additions on account of unexplained sources of expenses on the basis of some documents found during search proceedings u/s 132 on Gopal Zarda Group. On seized documents some details of expenses and payment of share premium is mentioned.

Taxability of Interest earned on Share capital put in form of FDRs for procurement of capital goods

September 12, 2015 973 Views 0 comment Print

ITO Vs. Facor Power Ltd. (ITAT DELHI) AO made addition on account of interest earned on FDRs put in bank for procurement of capital asset by holding that no such capital assets is acquired by assessee during the year under consideration.

Director Salary not excessive in absence of any material on record

September 12, 2015 805 Views 0 comment Print

DDIT (Ex) Vs. Gideons International In India (ITAT HYDERABAD) The assessee in this case is a registered society who paid salary to its director along with some perks in addition to the basic salary. AO doubted that excessive salary has been paid to the director and he made addition of excessive salary than the salary mentioned in the appointment letter.

Recording of satisfaction mandatory prior to issuing notice u/s 153C & it should not be vague

September 11, 2015 992 Views 0 comment Print

ITAT Ahmedabad in the case of M/s. Parshwa Corporation Vs. DCIT observed the basic necessities & condition for issuing notice u/s 153 C and it was held that it is mandatory to follow the procedure prescribed under the section i.e. (1) Satisfaction is to be recorded by the Assessing Officer of the persons searched;

PF / EPF, CPF, GPF etc. paid after due date but before ROI, cannot be disallowed u/s 43B or 36(1)(va)

September 10, 2015 4648 Views 2 comments Print

In the case of ACIT Vs. M/s Supersonic Turner Pvt. Ltd., Jaipur Bench of ITAT have held that where ESI/PF received from the employees was deposited late but before the due date of filing return of income u/s 139 (1) the amount cannot be disallowed u/s 43B or 36 (1) (va).

Entrance fee paid to golf association in order to develop contacts with other corporate leaders is allowable business expenditure

August 25, 2015 1083 Views 0 comment Print

In this case ITAT examined the issue whether fee paid to golf club on behalf of director to develop links with other corporates leaders is an allowable business expenditure. On the basis of other judicial pronouncement ITAT decided this question in favour of assessee.

President ITAT cannot constitute special bench without recommendation of regular bench

August 25, 2015 2854 Views 0 comment Print

The ITAT president has constituted a special bench of the three members to hear the case of assessee by exercising his powers u/s 255 (3). A notice fixing date of hearing before special bench was served upon the assessee.

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